Mediation not only allows the spouses and parents to control the ultimate resolution of their disputes but also enables them to control the process by which these resolutions are reached. Because the parties control the process, their views and concerns are heard and acknowledged. Rather than operating in an atmosphere of fear and threat, mediation allows parties to resolve disputes through cooperation and mutual understanding. Mediation helps the parties to reach resolutions that they may not have considered in litigation but which leave both of them better off. It also enables the parties to move forward in a spirit of cooperation. Often agreements reached through litigation are causes of endless friction because one or both parties feels that the agreement was imposed upon them. In mediation, both parties “own their agreement,” greatly reducing the likelihood and amount of future problems. Finally, a successful mediation can result in a quicker resolution of disputes (because parties do not have to wait for limited court docket time to have their case tried) at a lower cost (because they avoid the substantial costs of contested litigation).
Mediation can be undertaken with or without attorneys, at any step in the litigation process, and can be used to resolve temporary or permanent issues. Often spouses use family mediation services when they decide to separate to resolve the immediate concerns surrounding the separation. Mediation can also be used to resolve permanent disputes over child custody, support, alimony, and property division or when modification of child custody, support or alimony is at issue. Mediation can be attempted before a lawsuit is filed, before the first temporary hearing, or at any time prior to trial.
